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2025 DAILYLAW 14318 (MAD)

N.CHAKRAVARATHY SELVARAJAN v. THE CHAIRMAN

WP/1752/2025 · 2025-02-03

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.1752 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.02.2025 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.1752 of 2025 and W.M.P.No.1997 of 2025 N.Chakravarthy Selvarajan ... Petitioner Vs. 1.The Chairman, State Level Scrutiny Committee, Secretary to Government, Adi Dravidar and Tribal Welfare (CV4) Department, Secretariat, Chennai – 600 009. 2.The Deputy Secretary to Government, Adi Dravidar and Tribal Welfare (CV4) Department, Secretariat, Chennai – 600 009. 3.The Deputy Superintendent of Police, SC/ST Vigilance Cell, Madurai Region, Madurai – 625020. 4.The General Manager, Southern Railway, Park Town, Chennai – 600 003. Page 1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.1752 of 2025 5.The Divisional Personnel Officer, Divisional Office, Southern Railway, Madurai – 10. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the entire records, leading to the impugned order No.6143/CV-4/2014-3 dated 27.01.2015 on the file of the 2nd respondent and Letter dated 22.11.2024 on the file of the 3rd respondent and quash the same and to consequently forbear the respondents form re-opening the enquiry/re-verification pertaining to the community certificate of petitioner. For Petitioner : Mr.N.Naganathan For Respondents (R1 & R2) : Mr.Vadivelu Deenadayalan Additional Government Pleader (For R3) : Mr.A.Gokulakrishnan Additional Public Prosecutor (For R4 & R5) : Mr.K.Venkataswamy Baabu Senior Panel Counsel O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ petition has been instituted, challenging the interdepartmental communication issued by the Deputy Secretary to Government to the District Collector, Villupuram District vide Letter No.6143/CV-4/2014-3 dated p. 2 https://www.mhc.tn.gov.in/judis W.P.No.1752 of 2025 27.01.2015. 2. The impugned letter reveals that the Deputy Secretary to Government, Adi Dravidar and Tribal Welfare (CV-4) Department addressed a letter to the District Collector, Villupuram District, to send certain records for verification of genuineness of the Scheduled Tribe Community Certificate by the State Level Scrutiny Committee and pass final orders at the earliest. 3. The learned counsel for the petitioner would submit that the verification regarding genuinity of the Scheduled Tribe Community Certificate was made in the year 1981 and therefore, again the authorities cannot issue such a letter, seeking verification of genuinity certificate after a lapse of many years. 4. This Court is of the considered opinion that the genuinity of Community certificate can be verified by the competent authority at any point of time. This Court is unable to appreciate the reason stated by the petitioner that the certificate cannot be verified once again. Since large scale allegations of false Scheduled Tribe Community Certificate is in the public domain, the authorities competent are empowered to verify its genuinity, whenever a p. 3 https://www.mhc.tn.gov.in/judis W.P.No.1752 of 2025 doubt arises or any complaint has been received by any person. 5. Pertinently, the impugned interdepartmental communication was issued on 27.01.2015 and the present writ petition has been instituted on 10.01.2025, after a lapse of about 10 years from the date of issuance of the impugned order. Thus, the writ petition is hit by the principles of laches and not entertainable. Unchecked community certificates issued can be verified to ascertain its genuinity. It is for the petitioner to establish the genuinity of the Scheduled Tribe Community Certificate obtained by him during the relevant point of time. Contrarily, he cannot file a writ petition challenging the interdepartmental communication made between the Deputy Secretary to Government and the District Collector, Villupuram, seeking verification of Scheduled Tribe Community Certificate. 6. The petitioner is at liberty to establish the genuinity of his Scheduled Tribe Community certificate obtained and the authorities are empowered to ascertain its genuinity and initiate all appropriate actions, if required in the manner known to law. More so, such a interdepartmental communication would not provide a cause for institution of writ proceedings. Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.1752 of 2025 7. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [K.R.S., J.] 03.02.2025 kak Index : Yes Speaking order Neutral Citation:Yes/No To 1.The Chairman, State Level Scrutiny Committee, Secretary to Government, Adi Dravidar and Tribal Welfare (CV4) Department, Secretariat, Chennai – 600 009. 2.The Deputy Secretary to Government, Adi Dravidar and Tribal Welfare (CV4) Department, Secretariat, Chennai – 600 009. 3.The Deputy Superintendent of Police, SC/ST Vigilance Cell, Madurai Region, Madurai – 625020. 4.The General Manager, Southern Railway, Park Town, Chennai – 600 003. 5.The Divisional Personnel Officer, Divisional Office, Southern Railway, Madurai – 10. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.1752 of 2025 S.M.SUBRAMANIAM, J. and K.RAJASEKAR, J. kak W.P.No.1752 of 2025 03.02.2025 p. 6 https://www.mhc.tn.gov.in/judis